Explanation of Restrictions

Non-Governmental Organizations Subject to the Policy

Foreign NGOs receiving USAID family planning assistance—either through a USAID country mission, a U.S. cooperating agency, or an indigenous partner organization—under a grant or cooperative agreement must sign the provisions and abide by the restrictions. Assistance is defined to include not just funds but the provision of technical assistance, customized training, and commodities, including contraceptive supplies.

The restrictions apply to USAID family planning assistance regardless of which USAID account is the source of the funds.The restrictions do not apply to non-family planning assistance. [See chart for additional details.] A foreign NGO that provides family planning services—but receives only non-family planning assistance from USAID (e.g., HIV/AIDS, child survival or health assistance)—is not subject to the requirements even if that organization would be ineligible to receive USAID family planning assistance as a result of the restrictions.

Private clinics or hospitals that perform abortions but that “do not include abortion in their family planning programs” may still have to sign the provisions, but may be able to continue to perform abortions in other parts of their facilities and still remain eligible for USAID family planning assistance.

Non-Governmental Organizations NOT Subject to the Policy

A foreign organization that only provides purchased goods or services (e.g., computer support, management or evaluation services) is not required to sign the provisions. Also exempted from signing are organizations that have an individual participating in the “general training program” of a USAID-funded organization (i.e., a training activity involving participants from multiple organizations not specifically tailored to the particular organization).

Next: Exemption for Foreign Governments, Individual Versus Organizational Action, Technical Assistance, Provision of Emergency Contraception.